Legislation roundup: SAIC issues provisions on IP abuse

Intellectual property

State Administration for Industry and Commerce, Provisions for the Prohibition of the Abuse of Intellectual Property to Eliminate or Restrict Competition by Administrations for Industry and Commerce (Draft for Comments)
国家工商行政管理总局工商行政管理机关禁止滥用知识产权排除、限制竞争行为的规定（征求意见稿）

The Provisions prohibit business operators from reaching monopolistic agreements in the course of the exercise of their intellectual property rights, and prohibit business operators that have a dominant market position from abusing such position in the course of exercising their intellectual property rights to eliminate or restrict competition.

The Provisions additionally specify whether four specific exercises of intellectual property rights constitute relevant monopolistic acts, e.g. patent pools, the formulation and implementation of standards (including mandatory requirements of state technical standards), activities of collective copyright management organisations and the issuance of letters of warning of infringement of intellectual property. These acts may separately or together constitute a monopolistic agreement or the abuse of dominant market position.

See the digest for more details.

Further reading
PRC Anti-monopoly Law
Provisions on Procedures for Investigation and Handling of Cases of Monopolistic Agreements and Cases of Abuse of Dominant Market Position by Administrations for Industry and Commerce